Design Registration

Design Registration

Design registration provides legal protection for industrial designs, ensuring that unique product designs remain exclusive to their owners. It prevents unauthorized replication and helps businesses establish a distinct brand identity in the market. Once registered, a design patent grants the owner exclusive rights for 10 years, with an option to extend protection for an additional five years.

Advantages of Design Registration

Following are some advantages that an owner can avail after getting design registration:

  • Exclusive Rights Over the New and Original Design – The registered design owner has full control, preventing unauthorized replication and ensuring legal protection.
  • An Asset of the Proprietor/Owner – A registered design is an intellectual property asset, adding commercial value and strengthening the brand.
  • Can Initiate Legal Proceedings in Case of Infringement by a Third-Party – Owners have the right to file infringement lawsuits if any unauthorized entity copies the design.
  • Serves as Prima Facie Evidence in an Infringement Suit – Design registration provides strong legal proof, making it easier to defend ownership rights in court.
  • Right to Sell, Transfer, and License the Design with Ease – The design owner can sell, license, or transfer the registered design, monetizing intellectual property effortlessly.
    • Essentials Requirements

    The following are essential requirements for design registration:

  • A Design Should Be Original and New – The design must be unique and not previously used or published in any country before the registration application date.
  • A Design Should Be Significantly Distinguishable – It must be visually distinct from existing designs or a combination of known designs, ensuring originality.
  • A Design Should Not Contain Scandalous or Obscene Matter – Any immoral, offensive, or scandalous elements in a design are not eligible for registration.
  • A Design Should Not Be a Mere Mechanical Contrivance – The design should have aesthetic appeal rather than being purely functional or mechanical.
  • A Design Should Be Applied to an Article and Appeal to the Eye – The design must be visually attractive, adding distinctiveness to an article for industrial use.
    • Eligibility Criteria
  • Who Can Apply? – Any individual, legal representative, or assignee can file for design registration, either separately or jointly.
  • Definition of "Person" – The term person includes firms, partnerships, small entities, and corporate bodies, making them eligible to register a unique design.
  • NRIs and Foreign Applicants – In the case of a Non-Resident Indian (NRI) or a foreign entity, their authorized agent or legal representative must file the design registration application on their behalf.

    • Connect With Us

    Ready to experience the difference our accounting services can make for you? Contact us today to discuss your needs and how we can help

    Our Services

    Our Address

    Near Renault service station,
    eastern Byepass,
    checkpost, Siliguri 734001
    Copyright 2025 IMCS corporate services Website Developed by Rioforge Information Systems Pvt. Ltd.